🟡An act relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities. Creates criminal offenses, increases criminal penalties, and provides an administrative penalty.

🟡 SB 1646: Criminal penalties for copper theft and recycler rules

What it says it does:
It says it cracks down on copper and brass theft that disrupts phone service, internet, electricity, and 9-1-1 systems. It adds new crimes, raises penalties, and puts stricter rules on scrap metal sales.

What it actually changes:
It makes simple possession of certain copper or brass a felony unless you fit into a narrow set of “authorized” categories. It enhances penalties for theft or damage to critical infrastructure, ties copper crimes to organized crime laws, and forces recyclers to verify sellers, keep records for two years, and open them to inspection. Local governments are blocked from adding tougher record rules beyond what the state allows, except for some older ordinances.

Who is pushing for it:
Support came from AT&T, Comcast, Charter, Texas Cable Association, Texas Broadband Association, Texas Telephone Association, CenterPoint Energy, CPS Energy, Association of Electric Companies of Texas, Bexar Metro 9-1-1, Greater Harris County 9-1-1, police associations, Texas Association of Business, Dallas Regional Chamber, Greater Houston Partnership, North Texas Commission, City of Dallas, City of Houston, City of Fort Worth, and the County Judges and Commissioners Association of Texas.

Who benefits:
Telecoms, utilities, 9-1-1 districts, and police gain stronger legal tools, lower outage costs, and fewer theft losses. Big businesses benefit from uniform statewide rules that stop cities from adding new paperwork.

Who gets left out or exposed:
Recyclers face new costs and risks of heavy fines or even criminal charges for paperwork errors. Small contractors, HVAC crews, and demolition workers can be swept up if they cannot prove they are “authorized.” Cities lose flexibility to tailor anti-theft rules to local conditions.

Why this matters long term:
It centralizes power at DPS and the Public Safety Commission and takes away local problem-solving. It criminalizes possession in ways that can catch honest people without clear safe harbors. It sets a precedent for the state to preempt local control in other commodity markets.

What to watch next:
Watch how DPS writes the rules and whether it creates simple, safe forms for small businesses. Also watch how often administrative penalties are used and whether they target real theft rings or technical violations by recyclers.

Bottom line:
This bill answers a real problem of copper theft but hands more power to state agencies and large companies while leaving small operators and local governments with fewer tools.

#SB1646 #TexasPolicy #Infrastructure #Recycling #WatchTheRules